Baldev Raj Dhingra, v. Shri. Kamran Rizvi, I.A.S., And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and Sub Appl.No.676 of 2025 Baldev Raj Dhingra, ... Petitioner Vs.

1.Shri. Kamran Rizvi, I.A.S., The Secretary, Department of Heavy Industries, Udyog Bhawan, New Delhi.

2.Shri. Girish Kumar, The Chairman-cum-Managing Director, Hindustan Photo Films Manufacturing Company Limited, Indu Nagar, Udhagamandalam, The Nilgiris.

... Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act to punish the respondents for having flouted 1/7

and disrespected the Order of this Hon'ble Court made in W.P.No. 12854 of 2016, dated 01.07.2024.

For Petitioners : M/s.J.Nagarajan For Respondents : M/s. A.R.L.Sundaresan, Addl. Solicitor General, Assisted by Mr.K.Srinivasa Murthy for R.1.

: M/s.A.G.Sathyanarayanan for R.2.

ORDER

The contempt petition has been filed praying to punish the respondents for having flouted and disrespected the Order of this Hon'ble Court made in W.P.No. 12854 of 2016, dated 01.07.2024.

2. This Court by order dated 01.07.024 had passed the following orders:- "2. The circular dated 21.03.2014 had clearly stated that the application for Voluntary Retirement Scheme could be obtained from the HRD from 21.03.2014 onwards and the last date for submission of 2/7

application was given as 27.03.2014. In keeping with the above guidelines, the petitioner has submitted his application for seeking Voluntary Retirement Scheme on 25.03.2014. His application has also been forwarded on the very same day to the concerned authority. However, to date, the petitioner-s application for Voluntary Retirement Scheme has neither been accepted nor rejected. This is clearly in violation of the guidelines issued by the 2nd respondent in the Circular Ref:No.P1/14/59/VRS dated 21.03.2014 HRD Division.

3. In view of the above, the Writ Petition is allowed with a direction to the 2nd respondent to consider the above Voluntary Retirement Scheme Application No.000075 dated 25.03.2014 and dispose of the same within a period of 12 weeks from the date of receipt of a copy of this Order. No costs. "

3. Pursuant to the said order it appears that on 27.08.2024, the 3/7

2nd respondent had considered the request and passed the following orders :- "Taking into account the HC direction, the admissible amount is determined and the Liquidator is filing a request before the Hon'ble NLCT seeking approval for modification of the List of stakeholders. Subject to the approval of the modification by the AA, your claim of Rs.11,31,347/- is admitted as under:- S.No.

Section Amount (in Rs) 1.

36(4)(a)(iii) Rs.7,26,278/- [will be paid in order of priority u/s.53(1)(f) as there is no balance in Gratuity.

2.

53(1)(f) Rs.4,05,069/- Total Rs.11,31,347/-

4. It also appears that the petitioner has now made a claim before the NCLT since the 2nd respondent has gone into the liquidation. Therefore, there is a compliance of the order passed by this Court and hence the Contempt Petition stands closed. Consequently, the connected Sub Application also stands closed. No costs. 18.08.2025 Index : Yes/No Internet : Yes/No 4/7

(shr) To 1.Shri. Kamran Rizvi, I.A.S., The Secretary, Department of Heavy Industries, Udyog Bhawan, New Delhi.

2.Shri. Girish Kumar, The Chairman-cum-Managing Director, Hindustan Photo Films Manufacturing Company Limited, Indu Nagar, Udhagamandalam, The Nilgiris.

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P.T. ASHA, J, shr in Sub Appl.No.676 of 2025 6/7

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